OSHA Inspection: COMMERCIAL METALS COMPANY

Issued

Nov 10, 2022

Abate by

Dec 8, 2022

Penalty

Initial $13,052 · Current $11,747 Reduced

General-duty citation text

Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnish employment and a place of employment which was free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to struck by hazard caused by the movement of the rail cars.  A)	CMC rail yard located at 1 North Crossman Rd, Sayreville NJ:  On or about May 13, 2022, an employee was working between railcars on an active railroad track to connect the airbrake. Another employee moved the railcars, striking and running over the employee.  The employer?s existing safety procedures and protocols for employees working on and moving equipment on railroad tracks, if effectively communicated and implemented, together with the below additional procedures would have feasibly and acceptably abated the hazard:  1.	Implementation, communication, and enforcement of written lockout procedures and instructions specifically applicable to locking out tracks, which specify the proper use, placement and removal of equipment locks for switches and personal locks for lockboxes.  2.	Implementation, communication, and enforcement of work instructions for the Blue Flag System that complies with Chapter 49 of the Code of Federal Regulations, Subtitle B Chapter II Part 218, which at a minimum include the identification of the foreseeable circumstances under which blue flags are to be used, where and how the blue flags must be placed, and circumstances under which the blue flags can be removed.  3.	Implementation, communication, and enforcement of training materials regarding attachment of airhoses and connecting/disconnecting cars that specifies the circumstances in which employees must: (1) lock out track and use Blue Flag System; (2) use 3-step protection; and/or (3) use other appropriate methods to ensure railcars cannot inadvertently move during this operation.  4.	Implementation, communication, and enforcement of written instructions for communications between equipment operators and groundmen, that includes (a) standard language operators are to use on the radio to ensure tracks are clear; (b) standard responses groundsmen are to use to advise operators if they are on the tracks; (c) standard radio signals, horn signals, or other audible signals operators are to use to advise employees of the movement and direction of equipment.  5.	Implementation, communication, and enforcement of procedures for conducting regular audits or other safety compliance investigations to ensure all yard employees are familiar with and observing CMC?s Blue Flag System, Track Lockout Procedures, and Communication Policy for moving equipment, which includes a policy of progressive discipline for any employees found in violation of the same.